Fraud and Misrepresentation

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Fraud occurs when someone intentionally makes false statements to induce another person to engage in certain conduct or give up something of value. For example, if a store sold you what they claimed was a diamond ring, and you later find out it is worthless cubic zirconium, you would have a claim of fraud against the store. Misrepresentation occurs when one person makes a false statement (or impression) with the intent to deceive another person. The requirements to establish misrepresentation are similar to those required to establish fraud, and there are a number of elements that must be proven in order to recover damages in these types of cases.